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IN RE VISTA-PRO AUTOMOTIVE, LLC

No. 23-5881.

109 F.4th 438 (2024)

IN RE: VISTA-PRO AUTOMOTIVE, LLC, Debtor. Jeanne Ann Burton, Chapter 7 Trustee for Vista-Pro Automotive, LLC, Plaintiff-Appellee, v. Coney Island Auto Parts Unlimited, Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2024.

Attorney(s) appearing for the Case

ON BRIEF: Daniel Ginzburg, THE GINZBURG LAW FIRM, P.C., Freehold, New Jersey, for Appellant. Phillip G. Young, Jr., THOMPSON BURTON PLLC, Franklin, Tennessee, for Appellee.

LARSEN, J., delivered the opinion of the court in which BOGGS, J., joined. McKEAGUE, J. (pp. 446-53), delivered a separate dissenting opinion.

OPINION

Vista-Pro Automotive, LLC, entered bankruptcy proceedings in 2014 and, in an adversary proceeding, filed a complaint against Coney Island Auto Parts Unlimited, Inc., to recover on unpaid invoices. Coney Island never responded, so the bankruptcy court entered a default judgement against it. Years later, Coney...

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